Allowed

Anas v. State of Kerala

Kerala HC1 Mar 2016Crl.MC/1015/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition and quashed criminal proceedings against five accused persons due to an amicable settlement between the parties, noting that the sustained injuries were trivial and no further proceedings served any purpose.

What did the court decide?

All further criminal proceedings against the petitioners in S.C.No.595/2015 of the Sessions Court, Manjeri, arising from Crime No.163/2015, are quashed.

Anas Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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TUESDAY, THE 1ST DAY OF MARCH 2016/11TH PHALGUNA, 1937

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Crl.MC.No. 1015 of 2016

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S.C.NO.595/2015 OF THE SESSIONS COURT, MANJERI, MALAPPURAM CRIME NO. 163/2015 OF MELATTUR POLICE STATION , MALAPPURAM

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PETITIONER(S)/ACCUSED :

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1. ANAS, AGED 24 YEARS, S/O.UNNEEN, THENGUMTHODI HOUSE, PADIRICODE P.O., BHAVALIPADI, MALAPURAM DISTRICT.

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2. MUHAMMED RASHID, AGED 21 YEARS, S/O.UNNEEN, THENGUMTHODI HOUSE, PADIRICODE P.O, BHAVALIPADI, MALAPURAM DISTRICT.

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3. AMEER, AGED 27 YEARS, S/O.ALI, PUTHENPEEDIKA HOUSE, PADIRICODE P.O., BHAVALIPADI, MALAPPURAM DISTRICT.

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4. MUHAMMED ASHARAF, AGED 20 YEARS, S/O.MUHAMMED ALI, THENGUMTHODI HOUSE, PADIRICODE P.O., BHAVALIPADI, MALAPURAM DISTRICT.

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5. ASIF, AGED 25 YEARS, S/O.UNNEEN, THENGUMTHODI HOUSE, PADIRICODE P.O., BHAVALIPADI, MALAPURAM DISTRICT-679 326

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BY ADVS.SRI.K.MOHANAKANNAN

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SMT.A.R.PRAVITHA

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RESPONDENT(S)/RESPONDENT :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 012.

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2. MUHAMMED RAZIK,

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S/O.USMAN, PULLICKAL HOUSE, NEAR VELLIANCHERRI SCHOOL, VELLIANCHERRI P.O, MELATTUR, MALAPPURAM DISTRICT-679 326.

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R1 BY PUBLIC PROSECUTOR SMTMAYA R2 BY ADV. SRI.T.S.NEJIMUDDIN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1015 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE-1: TRUE COPY OF THE REPORT FILED BEFORE THE JUDL. FIRST CLASS MAGISTRATE-II PERINTHALMANA.

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ANNEXURE-2: TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE DEFACTO COMPLAINANT THE 2ND RESPONDENT.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1015 of 2016

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............................................................... Dated this the 1^st day of March, 2016

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O R D E R

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Petitioners are the accused in Crime No.163/2015 of

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the Melattur Police Station, registered for the offences punishable under Sections 143, 147, 148, 294(b), 323 and 324 read with Section 149 of the Indian Penal Code, which is now pending as S.C.No.595/2015 of the Sessions Court, Manjeri.

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It seems that the matter has been amicably settled between the parties. The second respondent, who is the defacto complainant has filed Annexure-A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. The injuries sustained to the injured are trivial. When the matter has been amicably settled between

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CRL.M.C.No. 1015 of 2016

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-: 2 :-

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the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings against the petitioners in S.C.No.595/2015 of the Sessions Court, Manjeri, which has arisen from Crime No.163/2015 of the Melattur Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in S.C.No.595/2015 of the Sessions Court, Manjeri, which has arisen from Crime No.163/2015 of the Melattur Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Anas v. State of Kerala

Case brief

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Anas v. State of Kerala

Case brief

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